Vietnam: Leading officials under inspection must not resign

Specifically, according to Article 65 of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, The consideration of resignation for officials holding leadership and management positions shall be carried out in the following cases:

- Voluntarily resigning from office to transfer leadership position;

- Due to self-recognition of unqualified standards, conditions and health to complete assigned tasks or unsuitable working positions;

- For other legitimate reasons of officials.

Note: Officials holding leadership or management positions may not resign in one of the following cases:

- Currently undertaking national defense and security tasks; currently undertaking important and confidential tasks; prevention of natural disasters and epidemics; if he/she resigns immediately, it will seriously affect the common interests of the Party and the State;

- Being under inspection, examination and investigation by competent authorities in accordance with the Party's regulations and laws.

In particular, the review process for resignation is as follows:

- No later than 10 days after receiving an official's request for resignation, the agency advising on personnel organization or the head of the agency or organization where the official is working must discuss with the official who submitted the request for resignation. In case the official withdraws the application, the consideration shall be stopped; in case the official does not withdraw the application, the agency advising on personnel organization shall consider and propose to the competent authority according to the decentralization of personnel management;

- No later than 15 days after the advisory agency on officials organization issues a written proposal, the collective leadership of the competent agency or organization must discuss and vote by secret ballot. The decision for resignation of an official must be approved by more than 50% of the total number of members of the leadership collective; in the case of personnel reaching the rate of 50%, it shall be decided by the head.

When the resignation letter has not been approved by a competent agency or organization, the official who submits the resignation must continue to perform his/her assigned responsibilities, tasks and powers.

View more details at the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, effective from December 01, 2020.

Le Vy

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